Germany

First victory for Afd: internal services still cannot classify it as extremist

The Administrative Court of Cologne upholds the suspension requested by the party, pending the outcome of the main proceedings, against the decision issued last year

by Gianluca Di Donfrancesco

La co-leader di Afd, Alice Weidel (REUTERS)

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

Alternative für Deutschland scores a first victory in court: for the time being, the domestic intelligence services cannot classify and treat it as an extreme right-wing movement. This was decided by the Administrative Court of Cologne.

Double track

In a decision that had given force to the debate on the banning of the ultranationalist party, the Federal Office for the Protection of the Constitution (Bfv) had labelled the party a threat to the German democratic order on 2 May 2025. Afd, which in the polls is neck and neck with the Cdu-Csu at 24-27% of the vote, had immediately challenged the classification. At the same time, it had demanded its suspension by emergency procedure.

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Suspension

On 26 February, administrative judges in Cologne ruled on this second appeal and ruled that the Bfv must await the outcome of the first, main proceedings, which will still take some time to conclude. Until then, the Bfv must also refrain from publicly referring to this classification. The intelligence agency, immediately after the Afd appeal, had in any case committed itself to this.

The Cologne court stated that it is sufficiently proven that there are tendencies within Afd that are contrary to the liberal democratic order, but 'not in such a way as to lead to an unconstitutional underlying tendency within the overall party framework', based on the evidence provided by the Office for the Protection of the Constitution at the time.

In particular, there would not be sufficient certainty that with the 'remigration policy', the party would adopt the concrete objective of the 'undifferentiated expulsion' of German residents with a migration background.

Groups classified as 'established extremists' are subjected to invasive monitoring with the full range of intelligence tools at the services' disposal. Funding can be blocked and the careers of officials are at risk.

Alternative für Deutschland's co-leader, Alice Weidel, exults: "Not only can the Federal Office for the Protection of the Constitution no longer classify Afd as a proven right-wing extremist, but the Cologne Administrative Court's ruling has also indirectly put an end to the ban fanatics. A great victory not only for Afd, but also for democracy and the rule of law!".

The Minister of the Interior, Alexander Dobrindt (Csu), on the other hand, emphasised the part of the decision that finds with 'sufficient certainty that pressures against the democratic order are developing within the Afd'. With regard to the demands to initiate the banning procedure, the minister emphasised that the party should be 'politically beaten, not banned'.

Other proceedings

In addition to the proceedings involving the party at federal level, there are several involving its regional sections. The latest to be declared right-wing extremist was Lower Saxony, on 17 February, the first Land of the old West Germany. The same fate had already befallen four out of five eastern Länder: Brandenburg (the region surrounding Berlin), Thuringia, Saxony and Saxony-Anhalt, where voting will take place in September. In Baden-Württemberg, where voting will take place in March, Hesse and in Bremen, Afd is declared a 'suspect case'. In Bavaria it is under observation.

The former youth organisation Junge Alternative was also classified by the Bfv as an 'avowed right-wing extremist'. Dissolved in 2025, it is now reconstituting itself as 'Generation Germany', which is, however, already at the centre of controversy and accusations of links to extreme right-wing circles, which embarrass the party leadership itself.

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